[Federal Register Volume 70, Number 131 (Monday, July 11, 2005)]
[Notices]
[Pages 39718-39719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13521]


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DEPARTMENT OF AGRICULTURE

Forest Service


Bugtown Gulch Mountain Pine Beetle and Fuels Project Hell Canyon 
Ranger District, Black Hills National Forest Custer, South Dakota

AGENCY: Forest Service, USDA.

ACTION: Revised notice of intent to prepare an Environmental Impact 
Statement (EIS).

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SUMMARY: On March 1, 2005, the Forest Service published a Notice of 
Intent to prepare an environmental impact statement (EIS) for the 
Bugtown Gulch Mountain Pine Beetle and Fuels Project. This is an 
authorized project under Section 102(a)(4) of the Healthy Forest 
Restoration Act of 2003. The Forest Service is modifying the proposed 
action and decision to be made, name and address of the Responsible 
Official, the expected dates for filing the draft and final EIS, the 
significant issues to be addressed and has developed an alternative to 
the proposed action. The proposed action is modified to include 3 site 
specific, non-significant Forest Plan amendments and the decision to be 
made will include whether or not to approve those amendments. The 
original NOI stated that a non-significant Forest Plan amendment 
related to big game habitat capability values as modeled by the HABCAP 
model may be part of the decision. Further analysis determined that 
amendments for big game HABCAP values would be necessary in both 
management areas 5.1 and 5.4. In addition, a third amendment to allow a 
short term reduction in mature, dense habitat within goshawk post 
fledging area habitat is included as part of the proposed action. The 
responsible official was listed as the Hell Canyon District Ranger in 
the March 1, 2005 NOI. Due to the inclusion of Forest Plan amendments 
to the proposal, the responsible official will be the Forest 
Supervisor. The draft and final EISs are expected to be filed in 
August, 2005 and December, 2005, respectively.
    The original NOI listed several preliminary issues. Further 
analysis determined that there are 3 significant issues to be addressed 
with this project and they are: (1) The mountain pine beetle epidemic, 
(2) fuels and fire risks, and (3) wildlife habitat. One alternative to 
the proposed action has been developed to address public input 
concerning post-treatment diversity on the project area landscape. This 
alternative differs from the proposal by deferring approximately 1,300 
acres from all proposed treatments. This alternative does not include a 
Forest Plan amendment to lower the big game HABCAP values in management 
area 5.1 as discussed above for the proposed action. However, it does 
include Forest Plan amendments to lower big game HABCAP values in 
management area 5.4 and to allow for a short term reduction of dense, 
mature stands in goshawk post-fledging area habitat as in the proposed 
action.

DATES: Comments concerning this revision should be received in writing 
by July 29, 2005. Comments submitted by individuals, groups or other 
agencies in response to previous scoping efforts for this project have 
been incorporated into the analysis and there is no need to resubmit 
comments in response to this revised NOI. The draft environmental 
impact statement is expected to be filed in August 2005 and the final 
environmental impact statement is expected to be filed in December 
2005. Another formal opportunity to comment will be provided following 
completion of the Draft EIS.

ADDRESSES: Send written comments concerning this revision to Michael D. 
Lloyd, District Ranger, Black Hills National Forest, Hell Canyon Ranger 
District, 330 Mount Rushmore Road, Custer, South Dakota 57730. 
Telephone number (605) 673-4853. Fax number: (605) 673-5461. Electronic 
comments must be readable in Word, Rich Text or pdf formats and must 
contain ``Bugtown Gulch'' in the subject line. Electronic comments may 
be e-mailed to [email protected].

FOR FURTHER INFORMATION CONTACT: Patricia Hudson, District NEPA 
Coordinator, at (605) 673-4853, Hell Canyon Ranger District, Black 
Hills National Forest, 330 Mount Rushmore Road, Custer, SD 57730.

SUPPLEMENTARY INFORMATION: Further information about the proposal can 
be found in the original notice of intent published in the Federal 
Register, Vol. 70, No. 39, pp. 9914-9916, on March 1, 2005.

Responsible Official

    The responsible official for this project is Craig Bobzien, Forest 
Supervisor, Black Hills National Forest, 25041 North Highway 16, 
Custer, SD 57730-7239.

Nature of Decision To Be Made

    The decision to be made is whether or not to implement the proposed 
action or alternatives at this time and whether to amend the Forest 
Plan to allow for implementation of this project.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A draft environmental impact statement will be 
prepared for comment. The comment period on the draft environmental 
impact statement will be 45 days from the date the Environmental 
Protection Agency publishes the notice of availability in the Federal 
Register.
    The Forest Service believes, at this early stage, it is important 
to give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
draft environmental impact statements must structure their 
participation in the environmental review of the proposal so that it is 
meaningful and alerts an agency to the reviewer's positions and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
553 (1978). Also, environmental objections that could be raised at the 
draft environmental impact statement stage but that are not raised 
until after completion of the final environmental impact statement may 
be

[[Page 39719]]

waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1985) and Wisconsin Heritages, Inc. v. Harris, 490 
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, 
it is very important that those interested in this proposed action 
participate by the close of the 45 day comment period so that 
substantive comments and objections are made available to the Forest 
Service at a time when it can meaningfully consider them and respond to 
them in the final environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft 
environmental impact statement should be as specific as possible. It is 
also helpful if comments refer to specific pages or chapters of the 
draft statement. Comments may also address the adequacy of the draft 
environmental impact statement or the merits of the alternatives 
formulated and discussed in the statement. Reviewers may wish to refer 
to the Council on Environmental Quality Regulations for implementing 
the procedural provisions of the National Environmental Policy Act at 
40 CFR 1503.3 in addressing these points.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21).


    Dated: July 5, 2005.
Marisue Hilliard,
Acting Forest Supervisor.
[FR Doc. 05-13521 Filed 7-8-05; 8:45 am]
BILLING CODE 3410-11-M